Court keeps lawyer out of jail, for now

San Diego  An appeals court ruled Wednesday that a defense lawyer cited for contempt after refusing to answer certain questions about a former client will not have to report to jail while her legal challenge is pending.

The 4th District Court of Appeal issued a stay of the lower court’s order, which found Terry Zimmerman in contempt after she was questioned about Denise Goodwin's criminal case.

Prosecutors have accused Goodwin, a paid caregiver, of murdering 89-year-old Gerald Rabourn of Rancho Bernardo for financial gain. Her trial is scheduled to start next week.

Zimmerman was appointed to represent Goodwin in 2011, but has since been reassigned and replaced by another deputy public defender, Troy Britt.

During court proceedings last week, Zimmerman declined to answer a series of questions about how she obtained a portfolio containing a will and several unopened letters that purportedly belonged to Rabourn.

Zimmerman claimed that the answers were protected by attorney-client and work-product privilege.

Related:

Superior Court Judge Charles Rogers disagreed and found her in direct contempt for refusing to answer the questions. The judge did not require Zimmerman to report to jail immediately, giving the Public Defender’s Office time to ask the court of appeal to take up the issue.

The state Attorney General’s Office, the District Attorney’s Office and Goodwin’s current lawyer have seven days to respond to the order from the appeals court.